Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18106 of 2021 Applicant :- Dayaram Dohre And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Balbeer Singh,Shashi Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 475 of 1998, under Section 364A I.P.C., Police Station Ajeetmal, District Auraiya during the pendency of trial.
It is argued by learned counsel for the applicants that one Jugal Kishore who was said to have been abducted, returned after two months and finding no evidence, I.O. had submitted final report. After that on the protest petition filed by the informant, Court summoned the accused for trial. Arrest was stayed by the court after that but due to non-prosecution, the same was dismissed in default. Later on accused surrendered before the court below in that case. There is no evidence against the accused. They are in jail for the last six months.
Per contra learned A.G.A. has opposed the bail prayer of the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Dayaram Dohre and Phool Singh@Chhunnu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 A. Mandhani